Neck / cervical spine decisions — 2024

The Board has remanded the claims for service connection and increased ratings due to outstanding VA treatment records, including those from the Peru Community Based Outpatient Clinic (CBOC), which were not properly transferred. The Veteran's right shoulder disability is being examined further to determine its relationship to service or his left shoulder disability.

The Board has remanded the Veteran's claims for service connection for right ear hearing loss and a cervical spine disorder due to insufficient opinions regarding their etiology.

The Veteran's claim for service connection for tinnitus is granted. The Board finds the Veteran has a diagnosed cervical spine condition, back condition, and bilateral knee conditions that are at least as likely as not related to his military service. The Veteran's headaches are also found to be at least as likely as not related to his service-connected tinnitus.

The Board has determined that effective dates earlier than March 5, 2012 for tinnitus and cervical spine degenerative joint disease are not warranted.,An initial rating in excess of 10 percent for tinnitus is denied.,An initial rating in excess of 50 percent for obstructive sleep apnea is remanded.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeals.

The Board has decided to remand the cases for further action due to insufficient medical evidence and to obtain SSA records. The neck disability claim will be reviewed, including considering sexual assault allegations.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation prior to September 11, 2010.

The Board has granted service connection for a cervical spine disability as secondary to the Veteran's service-connected traumatic brain injury. The claims for lumbar spine and acquired psychiatric disabilities are remanded.

The Veteran's service-connected left hip, shoulder and cervical spine disabilities have been remanded for further evaluation due to the need for additional medical evidence or clarification of the disability ratings.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and development of records. The issues include his acquired psychiatric disorder, cervical spine condition, and low back condition.

The Veteran's initial disability ratings for various conditions have been granted, including cervical spine IVDS, GERD with Barrett's esophagus, left and right upper extremity radiculopathy, bilateral eye disabilities (prior to July 18, 2016), and a separate rating for bilateral dry eye syndrome. The Veteran also received SMC under 38 U.S.C. § 1114(s).

The Veteran's left knee and thoracic strain disabilities were denied increased ratings, with the case being remanded for further examination.,Service connection was not established for chronic allergic conjunctivitis due to lack of direct service connection.

The Veteran's claim for an increased rating in excess of 10 percent for degenerative arthritis of the cervical spine, thoracolumbar spine, left knee and left shoulder was denied as he failed to report for a VA examination scheduled in conjunction with his supplemental claim.

The Board has remanded the Veteran's claims for service connection due to incomplete VA applications and requests for additional medical examinations.

The Board has remanded the Veteran's claims for cervical spine and left knee conditions due to inadequate medical opinions. The Veteran seeks service connection for these conditions, which he contends began during service.

The Board has determined that the Veteran does not have current disabilities for which service connection can be granted, including right and left foot disorders, bronchial asthma, knee, hip, shoulder, or neck DJD, or cervical spondylosis. The evidence does not support a finding of in-service injury, disease, or symptoms.

The Board denied service connection for various conditions, including obstructive sleep apnea and arthritis of the hips, hands, shoulders, and cervical spine. The decision found that these conditions did not have their onset in service or are otherwise causally related to service-connected disabilities.

The Board has remanded the cases for further development and consideration, including obtaining relevant medical records and providing an opinion regarding the Veteran's cervical spine strain and sleep apnea.

The Board has decided to remand several claims for further development due to insufficient medical information and the need to obtain updated treatment records. The claims include earlier effective dates and evaluations for cervical spine degenerative disc disease, bilateral knee meniscal tears with degenerative arthritis (now claimed as knee pain), residuals of cold injury of the bilateral hands, and posttraumatic stress disorder.

The Veteran's cervical strain is rated at 10 percent before October 6, 2023, and 20 percent thereafter. The appeal for a higher rating has been denied.,The Veteran's degenerative arthritis of the thoracolumbar spine is rated at 10 percent before October 6, 2023, and 20 percent thereafter. The appeal for a higher rating has also been denied.